Law: Specific Relief Act, 1877

Section: 8,9

Law: Specific Relief Act, 1877

Section: 8,9

Specific Relief Act (I of 1877)-------S. 9---Suit for possession and decree for mesne profit---Entitlement to mesne profit---Trial Court decreed suit filed by the plaintiff under S.9 of Specific Relief Act, 1877 as well as decree for mesne profit, and Appellate Court had dismissed appeal against and decree of the Trial Court---Validity---Appellate Court should have first decided the nature of the suit; that whether it fell under S.8 or S.9 of Specific Relief Act, 1877, qua the right to invoke the upper forum in appellate or revisional jurisdiction---On remand of case, Appellate Court found that mere addition of an ancillary relief of mesne profit had not changed the nature of suit clearly filed under S.9 of Specific Relief Act, 1877 and dismissed appeal---Validity---Right to recover mesne profits would involve determination of right to possess property under a valid title and earn profits from it---Question of title could not be looked into under a suit for recovery of possession under S.9 of the Specific Relief Act, 1877, whereunder a plaintiff could be held entitled to a decree for possession, simply on the ground that he was in possession and was dispossessed---Decree for mesne profit could not be claimed in a suit filed under S.9 of Specific Relief Act, 1877---If a plaintiff instead to add and continue with the prayer for mesne profit, then he would have to declare that his suit was for possession under S.8 of the Specific Relief Act, 1877---Present suit having been instituted under wrong impression or improper legal advice to include the relief of mesne profit, the whole dispute between the parties could not be resolved, unless the plaintiff would exercise his right of choice to declare that he wanted his suit to be treated under S.9 or S.8 of the Specific Relief Act, 1877---Impugned decree of the Trial Court was set aside and case was remanded to the Trial Court with direction that the plaintiff be offered opportunity to exercise the option by way of amendment in the plaint to bring his suit, either in the category of suits under S.9 or under S.8 of the Specific Relief Act, 1877. Foujmal Manaji v. Bikhibai and another AIR 1937 Sindh 161 and Late Mst.…

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